Different Types of Semi-Truck Accidents in Texas
Because semi-trucks are so large, they are often involved in unique types of accidents. Car accidents involving big rigs are, on average, more dangerous for those in smaller vehicles.
Some common types of crashes involving tractor-trailers in Texas are listed below.
Underride Accidents
Underride accidents occur when a vehicle crashes into the rear or side of a big rig, wedging itself under the body of the truck. These accidents can take the roof off smaller cars and are known for being particularly dangerous.
Override Accidents
Override accidents happen when a big rig runs over a smaller car, often ending up on top of it and resulting in devastating injuries.
Squeeze-Play Accidents
These accidents occur when a big rig veers left in order to make a right turn, allowing for smaller cars to merge on its right before “squeezing them” when the truck makes the right turn.
These accidents give smaller cars nowhere to escape and can result in major injuries and property damage.
Cargo Spill Truck Accidents
Occasionally, accidents occur in which a commercial truck’s cargo load spills onto the roadway, creating a major hazard for other drivers. These incidents can happen due to improper loading of the truck or because the truck loses control for other reasons.
Runaway Truck Accidents
Runaway trucks are big rigs that lose control of their brakes while traveling downhill. Accidents involving runaway trucks can be very dangerous.
Rollover Accidents
Trucks can roll over when they lose control. This can happen in high winds or due to an accident. Trucks might roll over onto their side or, especially when traveling at high speeds, roll completely over, sometimes several times.
Jackknife Accidents
“Jackknifing” occurs when the trailer portion of a truck swings toward the front cab, disabling the truck. These accidents can occur due to slippery roadways and other factors.
Determining Fault and Liability in Texas Truck Accidents
Two terms that are often used when talking about car accidents are ‘fault’ and ‘liability’. Understanding these terms, their meanings, and their implications for personal injury claims is important if you have been involved in a truck accident in Texas.
Fault
Fault refers to the party that is responsible for causing an accident to happen. Fault can be placed on the truck driver, drivers of other vehicles, or even on the state or municipality for improper signage or unmaintained roadways if they led to the accident.
Just because a party was at fault in an accident, does not mean they will be responsible for paying damages.
Liability
Liability refers to the party who is responsible for paying any damages in a personal injury claim, including punitive damages. Texas is an at-fault state, meaning that the party who caused an accident is liable for paying damages.
Still, just because a truck driver caused an accident does not mean they will be personally liable for paying damages. Possible liable parties in truck accidents include:
- Trucking Company: If a driver is employed by a commercial trucking company and causes an accident, the company might be held liable. Trucking companies are responsible for training their drivers properly.
- Truck Driver: The only scenario where a truck driver will be liable for damages in an accident is when they are operating as an independent contractor or self-employed driver. Even then, their insurance is likely to be liable for damages.
- Insurance Company: Insurance companies are the most common liable party in auto accidents. Most insurance coverage will cover some or all of the cost of damages owed to an injured person in a truck accident.
Causes of Truck Accidents in Texas
There can be many different causes of truck wrecks. When accidents occur because truckers or trucking companies are negligent, these parties can be held liable in personal injury cases.
Manufacturer Error
Accidents sometimes occur due to faulty parts in trucks or other vehicles. A vehicle manufacturer could be at fault if their error leads to an accident.
Driver Error
Often, drivers make mistakes that lead to accidents. Driver error is one of the most common causes of truck crashes. An error could be as simple as failing to look in the mirror before merging.
Cargo Loading Errors
Depending on the specific situation, either truck drivers, trucking companies, or other parties could be responsible for properly loading cargo onto a truck. Cargo that is not balanced properly or not secured correctly can lead to accidents.
Improper Truck Maintenance
Texas has laws that require big rigs to be properly maintained in order to drive on roadways in the state.
Failure to follow these guidelines is not only illegal, it can also lead to part failures and other issues that cause accidents and put others in harm’s way.
Hazardous Road Conditions
Sometimes crashes between trucks and cars happen because roadways are slick, rough, or otherwise difficult to drive on.
Trucking Industry Negligence
If a trucking company fails to properly vet or train a trucker, this could later be a contributing factor to an accident.
Examples of trucking industry negligence could include failing to keep proper logbooks, failing to follow trucking regulations, and ignoring the maximum hours of service allowed for truckers per day, among others.
Texas Truck Accident Facts
Texas is a state with several large highways and lots of big rigs on the road. Crashes involving commercial trucks and other vehicles happen every day of the year, many of them resulting in fatalities and/or serious injuries, especially for those in passenger vehicles.
Check out these statistics from the Texas Department of Transportation about crashes involving at least one commercial vehicle in Texas in 2021:
- 705 people died in Texas in 2021 in crashes involving commercial vehicles.
- There were over 38,000 crashes involving commercial vehicles in Texas in 2021.
- Over 7,300 people were injured in commercial vehicle crashes in Texas in 2021.
Overall, the number of large truck accidents in the United States increased by 2% from 2018 to 2019, according to the Federal Motor Carrier Safety Administration (FMCSA).
What Injuries Happen During Truck Crashes?
Truck accident injuries include a higher rate of severe injuries and fatalities than other types of accidents. This is mainly due to the fact that semi trucks can easily inflict major damage when they collide with a smaller motor vehicle.
All of the following injuries are commonly seen in truck accident victims:
- Internal bleeding
- Organ damage
- Dismemberment
- Disfigurement
- Traumatic brain injuries
- Back injuries and spinal cord injuries (including paralysis)
- Cuts, burns, and lacerations
- Bone fractures
- Fatality
What Is Negligence and How Will it Affect Your Truck Accident Claim?
Negligence is a very important factor in any personal injury case. A party can be accused of negligence if they violate a duty of care, meaning they take an action that they know, or should know could put others in danger.
In order for a truck accident lawsuit to be successful, a personal injury attorney will perform an accident investigation to establish that negligence led to the accident. Then, they’ll work to prove that it also led to any injuries or damages that resulted from the accident.
Negligence in a truck accident could be a truck driver operating their vehicle while under the influence, or it could even be something as small as failing to use a turn signal before merging. Truck driver fatigue or inexperienced truck operators are additional examples of negligence.
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What Should You Expect From a Truck Accident Personal Injury Claim in Texas?
The first step in the claims process after a truck accident in the state of Texas is to reach out to a law firm. Most experienced attorneys will offer free consultations, wherein they review your situation and help you decide if filing a personal injury claim is the right thing to do.
If you move forward, your lawyer will need your help in gathering all related documents, photos, files, and information regarding your accident and any resulting damages.
Next, your lawyer will work to determine the liable party in the incident and will then file a personal injury lawsuit against this party within the statute of limitations, or legal time frame.
Your lawyer will handle all communication related to your case. They act as the middleman between you, the liable party, and anyone else involved in the accident.
Usually, personal injury claims settle out of court. This means that you, your lawyers, and the liable party all agree on a fair settlement amount to cover any damages you have suffered.
In the rare case that an agreeable settlement cannot be reached, you will be glad to have an experienced semi-truck accident attorney on your side to help you win fair compensation for your losses.
What Damages Occur in Truck Accident Cases?
In order to calculate a fair settlement amount for your case, your lawyers will assess any injuries and losses that have resulted from the accident and how they have affected your life.
All of the following are common damages in truck accident cases:
- Lost wages: If you have been unable to work because of your accident, and/or expect to continue to be unable to work for a period of time or indefinitely, you may be eligible for compensation for any lost wages.
- Wrongful death: If you are filing a personal injury claim on behalf of a family member or loved one who died in a truck crash, you might receive wrongful death damages.
- Medical expenses: All of your medical bills that have been paid and any projected medical expenses related to injuries that occurred in the crash are likely to be paid out in a settlement.
- Pain and suffering: Your lawyer will help you assess how the crash and resulting injuries have affected your well-being, and calculate a fair amount of compensation for past or ongoing pain and suffering related to the incident.
Why You Should Work With a Texas Truck Accident Attorney
Though you do not technically have to have a lawyer to file a personal injury lawsuit in Texas, doing so makes you more likely to receive fair compensation for any damages.
After your free case evaluation, an experienced lawyer can build a strong, fact-based case to present to the liable party, raising your chances of being compensated fairly.
After a truck collision, the last thing you want to be worried about is paperwork and legal jargon.
Your attorney will work hard to win you a fair settlement and communicate with insurance adjusters and other parties so you can focus on getting medical attention and recovering.
Steps to Take After a Truck Accident
After you are involved in a truck accident, there are some important steps to take to ensure your safety and give yourself the best chances should you later need to file a personal injury claim.
Recommended steps to take immediately after a commercial vehicle accident include:
- Accept medical treatment: It is important that you do not refuse medical treatment following a truck crash. Even if you do not believe you are injured, allow examination by first responders and follow their recommendations.
- File a police report: It is critical that you file an official police report after an accident. This report will contain factual information that can help later in a personal injury case.
- Connect with a lawyer: If negligence could have been at play during your accident with a big rig, you should reach out to a lawyer to discuss whether filing a personal injury claim is the right thing to do.
List of Top-Rated Truck Accident Lawyers in Texas
Motorists who have been involved in a truck accident in Texas, as well as those who have lost loved ones in fatal truck accidents in the state, should reach out to an experienced attorney.
Florin|Roebig is one of the nation’s top personal injury law firms. We are experts in truck accident law and our team has years of experience working with commercial truck accident cases.
The Florin|Roebig team hosts many experienced personal injury lawyers, including:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Chase P. Florin, B.C.S.
- Parker Y. Florin, LL.M.
- Taylor D. Roebig
- John J. Hart
- Lawrence J. Najem, O.C.
- Nollys R. Solarte, O.C.
- Andrew M. Leone, O.C.
Whether you have suffered minor or catastrophic injuries, the Florin|Roebig team can help you file a successful truck accident lawsuit. We have won $1 billion in settlements for our personal injury clients, and have countless favorable verdicts in cases that have gone to court.
We Are Nationally Awarded Lawyers
Connect With a Truck Accident Lawyer Today
The Florin|Roebig team prides itself on providing excellent representation to all of our clients.
We are backed by outstanding client testimonials and accreditation recognition in a number of awards lists, including a “Best Law Firms” selection by Best Lawyers in 2022.
We follow all state and federal regulations and guidelines, helping our clients understand their legal rights and working to win favorable settlements for our clients.
If you are in search of a truck accident lawyer in Texas, reach out to the offices of Florin|Roebig today.
